What judgments must I make about the nature of the project?

§ 37.205 What judgments must I make about the nature of the project? You must: (a) Conclude that the principal purpose of the project is stimulation or support of research ( i.e., assistance), rather than acquiring goods or services for the benefit of the Government ( i.e., acquisition); (b) Decide that the basic, applied, or advanced research project is relevant to the policy objective of civil-military integration ( see appendix A of this part); and (c) Ensure that, to the maximum extent practicable, any TIA that uses the authority of 10 U.S.C. 2371 ( see appendix B of this part) does not support research that duplicates other research being conducted under existing programs carried out by the Department of Defense. This is a statutory requirement of 10 U.S.C. 2371. (d) When your TIA is a type of assistance transaction other than a grant or cooperative agreement, satisfy the condition in 10 U.S.C. 2371 to judge that the use of a standard grant or cooperative agreement for the research project is not feasible or appropriate. As discussed in appendix B to this part: (1) This situation arises if your TIA includes a patent provision that is less restrictive than is possible under the Bayh-Dole statute (because the patent provision is what distinguishes a TIA that is a cooperative agreement from a TIA that is an assistance transaction other than a grant or cooperative agreement). (2) You satisfy the requirement to judge that a standard cooperative agreement is not feasible or appropriate when you judge that execution of the research project warrants a less restrictive patent provision than is possible under Bayh-Dole.